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september 2008

Supreme Court of India · 2008-09-25

Cosmopolitan Club vs The State Of Tamil Nadu & Ors

Citation / case number
AIRONLINE 2008 SC 15
Court
Supreme Court of India
Petitioner
Cosmopolitan Club
Respondent
The State Of Tamil Nadu & Ors
Bench
B. Sudershan Reddy, S.H. Kapadia

Judgment text excerpt

The Supreme Court addressed the liability of a members' club to pay sales tax under the Tamil Nadu General Sales Tax Act, 1959, for supplying food and drinks to its members. The Court emphasized that the relationship between the club and its members must be determined, specifically whether the club acts as an agent for its members, thus negating the existence of a sale. The Court remanded the matter to the Tribunal for factual determination regarding the nature of the transactions, considering amendments to Section 2(n) of the Act and the principle of mutuality.

Cosmopolitan Club vs The State Of Tamil Nadu & Ors · Niyam